Joint Circular No. 05/2016/TTLT/BTP-BCA-BTC-TANDTC-VKSNDTC on the activities of the Civil Enforcement Directive Board

CIRCULARJOINT CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. activities of the Civil Enforcement Directive Board

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BASED ON THE CIVIL ENFORCEMENT LAW NO. 26/2008/QH12 OF NOVEMBER 14, 2008, AS AMENDED AND COMPLEMENTED WITH SOME ARTICLES BY LAW NO. 64/2014/QH13 OF NOVEMBER 25, 2014;

Pursuant to the Law on Organization of the People's Courts No. 62/2014/QH13 dated November 24, 2014;

Pursuant to the Law on Organization of the People's Procuracy No. 63/2014/QH13 dated November 24, 2014;

WHEREAS, Law on Local Administration Organization No. 77/2015/QH13 dated June 19, 2015;

Pursuant to Decree No.22/2013/NĐ-CPGovernment Decree No. 13/2013/NĐ-CP dated March 13, 2013 stipulating functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Government Decree No. 106/2014/NĐ-CP dated November 17, 2014 year 2014 of At the proposal of amends and supplements certain Articles of Circular No. 09/2024/TT-BCA dated March 13, 2024 issued by the Minister of Public Security regarding the implementation of mass mobilization work by the People's Public Security force and Circular No. 124/2021/TT-BCA dated December 28, 2021 issued by the Minister of Public Security stipulating residential areas, communes, wards, towns, agencies, enterprises, and educational institutions meeting the criteria for "Safety in security and public order".

Pursuant to Decree No.215/2013/NĐ-CP December 23, 2013 Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

BASED ON THE DECREE NO. 62/2015/NĐ-CP OF JULY 18, 2015 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CIVIL ENFORCEMENT LAW;

After reaching consensus with the Central Steering Committee of the Vietnam Fatherland Front;

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Justice, the Minister of Public Security, the Minister of Finance, the Chief Justice of the Supreme People's Court, and the Chief Procurator of the Supreme People's Procuracy issue this Joint Circular regulating the activities of the Civil Enforcement Directive Board.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Joint Circular regulates principles of operation; composition; working regime; work relations; roles and responsibilities of the Civil Enforcement Directive Board at the provincial level (hereinafter referred to as the Provincial Civil Enforcement Directive Board) and the Civil Enforcement Directive Board at the district level (hereinafter referred to as the District Civil Enforcement Directive Board).

2. This Circular applies to:

a) Provincial Civil Enforcement Directive Board; District Civil Enforcement Directive Board.

b) Agencies, organizations, and individuals related to the activities of the Provincial Civil Enforcement Directive Board and the District Civil Enforcement Directive Board.

Article 2. Principles of Operation of the Civil Enforcement Directive Board

1. Respecting the professional activities of civil enforcement agencies as prescribed by law.

2. Enhancing the effectiveness of cooperation among levels and sectors in civil enforcement in accordance with assigned roles and responsibilities.

Article 3. Authority to Establish the Civil Enforcement Directive Board

1. The People's Committee at the provincial level issues a decision to establish the Provincial Civil Enforcement Directive Board (model number 1 issued together with this Joint Circular) based on the proposal of the Director of the Civil Enforcement Agency.

2. The People's Committee at the district level issues a decision to establish the District Civil Enforcement Directive Board (model number 2 issued together with this Joint Circular) based on the proposal of the Director of the Civil Enforcement Office.

Article 4. Composition of the Civil Enforcement Directive Board and Secretariat

1. The composition of the Provincial Civil Enforcement Directive Board includes:

a) One Chairperson who is the Chairman or Vice-Chairman of the People's Committee at the provincial level;

b) One Deputy Chairperson who is the Director of the Civil Enforcement Agency;

c) Members include: Director of the Department of Justice, Director of the Department of Finance, Director of the Department of Natural Resources and Environment, Director of Public Security at the provincial level.

In addition to the above members, the Chairman of the People's Committee at the provincial level may request representatives from the Department of Home Affairs, Construction Department, Urban Management Department, Labor, Invalids and Social Welfare Department, Information and Communications Department, Transportation Department, invite representatives from the People's Court, Social Insurance, Military Command, Bar Association, Veterans' Association, Women's Union, Farmers' Association, Ho Chi Minh Communist Youth Union, and relevant agencies to be members of the Provincial Civil Enforcement Directive Board.

2. The composition of the District Civil Enforcement Directive Board includes:

a) One Chairperson who is the Chairman or Vice-Chairman of the People's Committee at the district level;

b) One Deputy Chairperson who is the Director of the Civil Enforcement Office;

c) Members include: Head of the Legal Affairs Section, Head of the Finance Section, Head of the Natural Resources and Environment Section, Head of Public Security at the district level.

In addition to the above members, the Chairman of the People's Committee at the district level may request representatives from the Home Affairs Section, Construction Section, Urban Management Section, Labor, Invalids and Social Welfare Section, Information and Communications Section; invite representatives from the People's Court, Social Insurance, Military Command, Veterans' Association, Women's Union, Farmers' Association, Ho Chi Minh Communist Youth Union, and relevant agencies to be members of the District Civil Enforcement Directive Board.

3. Secretariat of the Civil Enforcement Directive Board

a) The Secretariat of the Provincial Civil Enforcement Directive Board consists of one leader of the business unit and organization of the Civil Enforcement Agency and one civil servant of the People's Committee at the provincial level.

b) The Secretariat of the District Civil Enforcement Directive Board consists of one enforcement officer of the Civil Enforcement Office and one civil servant of the People's Committee at the district level.

4. The Chairperson, Deputy Chairperson, members, and Secretariat of the Civil Enforcement Directive Board (hereinafter collectively referred to as members of the Civil Enforcement Directive Board) shall work on a part-time basis and bear individual responsibility for the tasks assigned.

Chapter II

ROLES, RESPONSIBILITIES, AND WORKING REGIME OF THE CIVIL ENFORCEMENT DIRECTIVE BOARD

Article 5. The role of the Civil Enforcement Directive Board

The Civil Enforcement Directive Board advises the Chairman of the People's Committee at the same level to direct the organization of coordination among relevant agencies in civil enforcement on the local territory; promptly resolve any difficulties arising from such coordination; direct the organization of compulsory enforcement of large, complex cases that affect local security, politics, social order, and safety.

Article 6. Responsibilities of the Civil Enforcement Directive Board

The Civil Enforcement Directive Board is responsible for assisting the Chairman of the People's Committee at the same level in performing the following tasks:

1. Drafting the program and plan of the People's Committee at the same level regarding directing the organization of coordination among relevant agencies in civil enforcement and directing the organization of compulsory enforcement of civil judgments for submission to the People's Committee for decision.

2. Implementing the program, plan, and directives of the People's Committee concerning the organization of coordination among relevant agencies in civil enforcement and the organization of compulsory enforcement of civil judgments.

3. Directing the organization of coordination between relevant agencies and organizations with the civil enforcement agency in the organization of compulsory enforcement; advising and proposing measures to promptly resolve any difficulties arising from the organization of coordination among relevant agencies in civil enforcement and the organization of compulsory enforcement of civil judgments.

4. Organizing inspections or coordinating with competent authorities to inspect the implementation of the conclusions of the Civil Enforcement Directive Board and the directives of the Chairman of the People's Committee regarding the organization of coordination with relevant agencies in civil enforcement and the organization of compulsory enforcement of civil judgments.

5. Proposing the Chairman of the People's Committee and competent authorities to commend collectives and individuals who have achieved results in civil enforcement work in the locality.

6. Recommending competent authorities to take timely measures to address violations of laws on civil enforcement.

Article 7. Responsibilities of the Head and Deputy Heads of the Civil Enforcement Directive Board

1. Responsibilities of the Head

a) Managing the activities of the Civil Enforcement Directive Board;

b) Deciding on the agenda, convening, and chairing meetings of the Civil Enforcement Directive Board;

c) Assigning tasks to Deputy Heads and members of the Civil Enforcement Directive Board;

d) Directing the coordination of activities among members of the Civil Enforcement Directive Board and relevant agencies at the local level in civil enforcement work;

đ) Deciding on inspections or appointing members of the Civil Enforcement Directive Board to coordinate with functional agencies to inspect the implementation of directives of the People's Committee in civil enforcement work at the local level;

e) Being accountable to the People's Committee for assigned tasks.

2. Responsibilities of the Deputy Head

a) Acting as the Head of the Civil Enforcement Directive Board in the absence of the Head or when authorized by the Head;

b) Assisting the Head in directing the activities of the Civil Enforcement Directive Board and being responsible for tasks assigned by the Head;

c) Directly handling regular tasks of the Civil Enforcement Directive Board, signing documents of the Board under the authority of the Head to submit to the People's Committee at the same level for decision on measures to direct the organization of coordination among relevant agencies and the organization of civil enforcement after concluding meetings of the Civil Enforcement Directive Board;

d) Directing the organization of meetings, working sessions, and working conditions of the Civil Enforcement Directive Board;

đ) Directing the civil enforcement agency to prepare the budget for the activities of the Civil Enforcement Directive Board to be consolidated by the financial department at the same level and submitted to the People's Committee for approval;

e) Urging the civil enforcement agency and relevant agencies to implement directives of the People's Committee at the same level on the organization of coordination among relevant agencies and the organization of compulsory enforcement of civil judgments.

Article 8. Responsibilities of Members and the Secretariat of the Civil Enforcement Directive Board

1. Responsibilities of Members

a) Fully participate in meetings of the Civil Enforcement Directive Board;

b) Propose measures to resolve difficulties and obstacles in directing the organization of coordination among relevant agencies and directing the organization of civil enforcement; bear responsibility for their opinions in meetings of the Civil Enforcement Directive Board;

c) Within the scope of functions, tasks, and authorities of their own sector or unit, have the responsibility to direct or propose directives to collectives or individuals within their own sector or unit to closely coordinate with the civil enforcement agency according to the decision of the Chairman of the Civil Enforcement Directive Board;

d) Together with the leadership collective of their own agency or unit, examine and resolve issues related to directing the organization of coordination among relevant agencies in civil enforcement; direct the organization of civil enforcement within the management function of their own sector or unit and convey the contents of the conclusions of the Civil Enforcement Directive Board's meetings to their own sector or unit for coordination in implementation;

e) Coordinate with competent authorities to inspect the implementation of directives on coordination from relevant agencies and the implementation of directives on organizing civil enforcement according to the decision of the Chairman of the Civil Enforcement Directive Board;

f) Perform other tasks assigned by the Chairman of the Civil Enforcement Directive Board;

Specific tasks of each Member of the Civil Enforcement Directive Board shall be stipulated by the Chairman of the Board in the Working Regulations of the Board;

2. Responsibilities of the Secretariat

a) Assist the Civil Enforcement Directive Board in developing programs and plans to direct the organization of coordination and the organization of civil enforcement;

b) Monitor the progress of the Board's activities, advise the Board to assist the People's Committee in directing the organization of coordination among relevant agencies and the organization of civil enforcement. In case of arising issues during the implementation process, promptly report to the Chairman or Deputy Chairman of the Board for appropriate resolution;

c) Propose the agenda and prepare meetings of the Civil Enforcement Directive Board, record minutes of the Board's meetings;

d) Send programs, plans, and documents of the same-level People's Committee regarding directives on organizing coordination among relevant agencies and directing the organization of civil enforcement to members of the Board, relevant agencies, organizations, and individuals for implementation;

e) Prepare documents and reports for the Chairman or Deputy Chairman to sign and submit to the same-level People's Committee for decisions on directives on organizing coordination among relevant agencies and directing the organization of civil enforcement at the local level after the conclusion of the Civil Enforcement Directive Board;

f) Summarize the situation, draft reports on the results of implementing directives on organizing coordination among relevant agencies and directing the organization of civil enforcement as prescribed in this Circular and report on the activities of the Civil Enforcement Directive Board, submit to the Chairman for review and issuance;

g) Implement archiving regulations for documents and materials of the Civil Enforcement Directive Board's activities according to laws on archiving;

h) Perform other tasks assigned by the Chairman of the Civil Enforcement Directive Board. Direct civil enforcement and perform tasks according to the assignment of the Chairman.

Article 9. Working Regime of the Civil Enforcement Directive Board

1. The Civil Enforcement Directive Board operates under a collective regime. Members participate in the activities of the Civil Enforcement Directive Board and perform tasks assigned by the Chairperson.

2. The Civil Enforcement Directive Board convenes regular meetings once every quarter and extraordinary meetings upon the convocation of the Chairperson. In case of necessity, the Deputy Chairperson may report to the Chairperson and propose a meeting of the Board.

a) When organizing a meeting, there must be a representative from the People's Procuracy present. The Civil Enforcement Directive Board invites representatives from the People's Council of the United Front and the People's Court at the same level to participate (in cases where the representative from the People's Court at the same level has not yet participated as a member of the Civil Enforcement Directive Board).

b) At least three working days before the meeting, the meeting materials must be sent to the members of the Civil Enforcement Directive Board. Absent members must provide their opinions in writing on the matters to be discussed by the Civil Enforcement Directive Board for the Secretariat to report at the meeting.

c) During meetings, issues are collectively discussed and debated, and the Chairperson (or the Deputy Chairperson authorized) concludes according to the majority. In necessary cases, conclusions made during the meeting are reported by the Chairperson of the Civil Enforcement Directive Board to the People's Committee at the same level for consideration and resolution. During the implementation of the conclusion, if any issues arise, the Civil Enforcement Directive Board will convene another meeting to analyze, evaluate, and propose solutions.

3. During the process of organizing and implementing work, in cases where the opinion of the county-level civil enforcement agency is not agreed upon by the county-level Civil Enforcement Directive Board, it shall report to the Civil Enforcement Agency Bureau, the provincial Civil Enforcement Directive Board for examination and resolution. In cases where the opinion of the provincial-level civil enforcement agency is not agreed upon by the provincial-level Civil Enforcement Directive Board, it shall report to the Ministry of Justice for examination and resolution.

Article 10. Work Relations of the Civil Enforcement Directive Board

1. Work relations between the provincial-level Civil Enforcement Directive Board and the county-level Civil Enforcement Directive Board:

The provincial-level Civil Enforcement Directive Board promptly directs, guides, and responds to the opinions of the county-level Civil Enforcement Directive Board. The county-level Civil Enforcement Directive Board implements the directives and guidance of the provincial-level Civil Enforcement Directive Board; if there are difficulties or obstacles, they must promptly report to the provincial-level Civil Enforcement Directive Board.

2. Work relations between the Civil Enforcement Directive Board and the civil enforcement agency:

a) The Civil Enforcement Directive Board promptly organizes meetings to discuss measures to direct the organization of coordination and enforcement of civil enforcement actions according to the proposal of the head of the civil enforcement agency at the same level;

b) The civil enforcement agency proactively performs its duties and powers to assist the People's Committee at the same level in directing the organization of coordination among relevant agencies in civil enforcement within the area and directing the organization of enforcement of large, complex cases with significant impact on security, politics, social order, and safety in the locality as stipulated in Clause 6, Article 14 and Clause 6, Article 16 of the Civil Enforcement Law. In cases of difficulties or obstacles in performing duties and powers, they must promptly report to the Civil Enforcement Directive Board at the same level to advise the People's Committee to direct the resolution.

3. Work relations between the Civil Enforcement Directive Board and local relevant agencies and organizations:

a) The Civil Enforcement Directive Board is directly directed by the People's Committee at the same level in directing and managing operations, coordinating with relevant agencies and organizations with the civil enforcement agency in civil enforcement work;

b) The Civil Enforcement Directive Board closely coordinates with local relevant agencies and organizations to leverage the combined strength of the political system, creating favorable conditions for civil enforcement work.

Article 11. Information and Reporting System of the Civil Enforcement Directive Board

1. The plan for directing the resolution of civil enforcement matters as stipulated in Clause 1 of Article 6 of this Circular and the directives of the Head of the Civil Enforcement Directive Board shall be sent to members of the Civil Enforcement Directive Board, relevant agencies, and organizations for implementation.

2. The Civil Enforcement Directive Board shall report to the People's Committee at the same level on each case of compulsory execution of civil enforcement.

Every six months annually, the Civil Enforcement Directive Board at the district level shall report its operational results to the People's Committee at the same level, the provincial People's Committee, and simultaneously send reports to the provincial Civil Enforcement Directive Board and the Civil Enforcement Service Bureau; the provincial Civil Enforcement Directive Board shall report its operational results to the People's Committee at the same level, and simultaneously send reports to the Civil Enforcement Service General Department under the Ministry of Justice.

The Civil Enforcement Directive Board shall report promptly upon request from competent authorities.

Article 12. Numbering of Documents and Use of Seals

1. Documents of the Civil Enforcement Directive Board must comply with the format and technical presentation requirements for administrative documents as prescribed by law.

2. Documents of the provincial and district-level Civil Enforcement Directive Boards shall be numbered and use the seal of the People's Committee at the same level.

Chapter III

IMPLEMENTATION

Article 13. Operating Budget of the Civil Enforcement Directive Board

1. The operating budget of the Civil Enforcement Directive Board shall be guaranteed by the local budget and provided through the civil enforcement agency at the same level.

Annually, the civil enforcement agency shall prepare a budget estimate and submit it to the financial authority at the same level for consolidation into the budget estimate, and report to the People's Committee at the same level for consideration and approval according to the state budget regulations.

2. Members of the Civil Enforcement Directive Board and the Secretariat shall be entitled to allowances based on the expenditure levels and sources of compulsory enforcement allowances as prescribed by the State Budget Law and related implementing documents.

Article 14. Implementation clause

1. This Circular takes effect from July 5, 2016, and replaces Circular Jointly Issued No. 14/2011/TTLT-BTP-BCA-BTC-TANDTC-VKSNDTC dated July 11, 2011, issued by the Ministry of Justice, Ministry of Public Security, Ministry of Finance, Supreme People's Court, and Supreme People's Procuracy guiding the activities of the Civil Enforcement Directive Board.

2. Civil Enforcement Directive Boards established under Circular Jointly Issued No. 14/2011/TTLT-BTP-BCA-BTC-TANDTC-VKSNDTC shall continue their operations but must be reorganized and operate in accordance with this Circular within sixty days from the date this Circular takes effect.

3. During implementation, if there are any difficulties or obstacles, the Civil Enforcement Directive Board is requested to report to the Ministry of Justice, Ministry of Public Security, Ministry of Finance, Supreme People's Court, and Supreme People's Procuracy for timely coordination and resolution.